out. we'll start with a fox news alert. two skydivers are dead after a near collision causes them to plummet to the ground. witnesses say that they had their parachutes open when caus collided. this happened at sky dive arizona about 60 miles south of phoenix. the company's website . >> it's a sport that has its risks. in a week, they do 20,000 jumps. this will be mista tmistakes. >> he was falling asleep at the controls. wr william rockefeller told first responders that he caught himself nodding off but says it was too late.

he talked to rock federal about what happened. >> he went to try to correct it as fast as he could and he was right on the curve. >> ntsb investigators would not say if rockefeller would admit to them he was falling asleep at the controls. they say it is too early to tell if the crash was caused by human error or a mechanical issue. the man accused in last month's shooting at lax is due in federal court for the first time today. a judge will see the ladies and gentlemened shooter 23-year-old is aware of his rights and has a public defender. he's charged with killing tsa officer hernandez and committing an act of violence at an international airport. the motive unclear. >> new concerns for the american

pastor in iran. his health is deteriorating. he he has lost weight and is covered in lice because of a lack of basic hygiene. he has been refused medicine for internal medicine. the washington based american center for law and justice is still fighting for abideni's release. >> do you trust your insurance company to say how much money is owed. it is a glitch in the obamacare web site. this as the president insists the web site is working. elizabeth prann is following it all for us as she joins us live in washington with more. >> reports indicate the site doesn't have the ability to accept and transfer subsidies or funds to insurance companies. and in the interim the administration constructed another short term fix until the

payment system is up and running flawlessly. customers will get an estimate cost of each plan. once the system is built the government and irnss can regr-- insurers can regroup and make the exact payment. it is raising eyebrows from critics. >> we passed a bill that is so complex and so contradictory he has a web site that is not functioning correctly. he thinks if he makes the right speeches he says the right words somehow it will change the perception. but here he runs up against the wall. >> the president this week stands firm by his signature piece of legislation. 9 law will not be repealed. >> the bottom line is this law is working and will work into the future. people want the financial stability of health insurance

and we are going to keep on working to fix whatever problems come up in any start up any launch of a project this big that has an impact on one sixth of our economy, whatever comes up we are going to just fix it. >> the healthcare program has critical tests to enroll hundreds of thousands of people by december 3rdrd. the deadline for folks to begin on january 1st. >> elizabeth prann live for us this morning. thank you. that brings us to our look who is talking this morning. mayor rudy giuliani appearing on our show. the healthcare.gov fixes won't work because it was backwards. >> we have to start the whole thing over. one expert tells me they built it wrong in the first place from the top down rather than the bottom up. to go fix the bottom, and this is the reason why you have that

one-third figure of people who are not going to get the healthcare they thought they were going to get even though they signed up. >> the former mayor also at its foundation obamacare is really about the redistribution of wealth. >> the fundamental distortion here, sean, is this was soemd as we are going to do this through the private insurance companies. in fact this is socialized medicine. the private insurance companies are being mandated as to what must be covered by the government. the private insurance companies are being used as the vehicle for redistributing wealth. if a 70-year-old has to cover maternity benefits the 70-year-old is making a contribution to someone else's maternity. >> they have to fix the needs of obamacare's desire to redistribute wealth, redistribute healthcare. that is socialized medicine. it is mandated the government. the government is enforcing it

by law. >> now congress is questioning whether president obama is violating the constitution. the house jude digs a -- judici heard that yesterday. he spoke about megyn kelly about why he thinks these hearings are necessary. there are certainly circumstances when previous presidents have exceeded their authority under the law. and it's a responsibility of the congress not a partisan way but a bipartisan way to put a check on that. and hearings like the one we held today are a big part of that. >> yesterday's hearings focused on the employer mandate in obamacare but also looked into the way the president is handling issues like immigration. >> a federal trial underway today for a former bp drilling engineer accused of trying to destroy evidence by deleteling hundreds of text messages after the 2010 oil spill in the gulf

of mexico. he was part of a team of experts who scrambled to seal the well after the explosion. he deleted text messages between himself and his supervisor about just how bad the spill was. his lawyer says he didn't know he was doing anything wrong. >> o.j. simpson's lawyers will take his case to the supreme court in hopes they will over turn the lower court decision in the armed robbery case. he claims he was infectively represented by the lawyer who headed his trial in 2008. he is serving 9 to 38 years for kid p in aing and armed robbery. >> an extreme weather alert now, a powerful winter storm bringing snow and dangerously cold temperatures to the middle of the country. >> colorado is hit with at least half of the snow that made for

dangerous driving conditions. tow trucks pulling out cars that were stuck. the frigid temperatures on the way another big system. the biggest concern with the storm system is going to be how cold it is going to be here across parts of northern rockies and parts of the midwest. this is going to be lasting for several days out here. right now take a look at the windchills. this is what it feels like when you head out the door. in rapid city, south dakota it feels like 17 degrees below zero. feels like 15 degrees below zero. 11 degrees below zero. this is widespread out here you can see mine not as well. we are talking high temperatures in the single tdigits. it gets worse as we head into thursday. single digits expanding. not in the single digits but 11

degrees only. by friday high actual temperatures below zero in far go. in billings montana 6 degrees below zero. you can see how widespread the cold will be. only 31 degrees 30s across louisville, little rock. this will be a widespread event over the next several days as the cold air remains in place across parts of the lower 48. additional snowfall expected across western colorado to exceed a foot. we are looking at 6 more inches of snow across the dakotas and minnesota. another big concern thursday into friday as the front moves south and east is we could be seeing icing out here across parts of the middle mississippi valley and parts of the southern plains as well. that will be a big issue with power outages and travel on the roadways. >> that could be pretty scary. know you will keep us posted. >> the capital christmas tree now lighting up washington, d.c. speaker of the house john

boehner helped light the tree during the annual ceremony. >> 5, 4, 3, 2, 1. beautiful. the 88 foot tall tree adorned with more than 5,000 handmade ornaments made from children all across the u.s. >> it is cute. >> detroit is now the biggest city to be declared bankrupt. adam shapiro is here to explain what that means for state employees and for others. >> a lot of the cities and states across the country launching this. it is the largest city ever to declare bankruptcy. the bud the judge is ruling tuesday detroit is eligible to reorganize finances paves the way to cut pensions for thousands of retirees. negotiations are between the city and labor unions are underway. they filing an appeal saying the

pensions are protected by michigan's constitution that say they cannot be cut. >> google is cutting prices on the cloud services in an effort to compete against amazon.com microsoft. they are cutting it 10 percent of the portion of the cloud services that allows the company to use the computer power and up to 60 percent on storage as they shut down the servers and move that data to the cloud. netflix's latest original series targets your kids and will be available christmas eve. turbo fast takes up the story of dreamworks character turbo. netflix has a section for kids which allows them to search by clicking on pictures. they don't have to read all they have to do is click on the picture there they go. mom and dad you get to pay. >> adam shapiro fox business

network. the time is 11 after the top of the hour. coming up a driver trying to escape from police pulls into a driveway. not just to surrender. if you are the federal government you prepare a big party by spending thousands of tax payer dollars. ♪ >> a little slice of heaven. some angels showing they can do a lot more than strut their stuff down the runway. life could be hectic. as a working mom of two young boys angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice.

online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services. keeping up with these two is more than a full time job, and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today.

>> after being trapped inside of a sunk ep ship for three-days he is rescued. >> what's that?

>> he's a live, he's alive. >> can you believe this? the video now going viral showing the amazing moment the rescue crews found him alive. he was nearly 100 feet under water in the atlantic ocean. the just released video is from may. the 29-year-old cook was one of 12 men on board that ship. he is the only known survivor. that's amazing, ainsley. >> incredible. >> a suspected drunk driver leads police on a chase in ohio and it is all caught of course on a dashcam video. you see her pull off into a driveway. the officer gets out of the way. watch adds the woman backs ri--s the woman backs right into his cruiser not once but three times that happens. eventually she drives off through the backyard. doesn't take long for the cops to catch up to her of course.

she loses control of her car eventually. needless to say she is arrested. >> the corn facility where a silo collapsed killing a, woulder had six serious safety violations this year alone. 50 tons of corn spilled on to that worker monday night. he was working at an office nearby at the wilcox family farms outside of seattle washington. in june they sited the farm for not having acceptable rescue and emergency services. they were fined a 10,000 dollar penalty. a woman pleads not guilty to charges of speeding and distracted driving for wearing google glass. 44-year-old cecil yaw adabi is the first driver in the u.to receive a sitic et for wearing e glasses. it is prohibited under the law. her trial is set for january.

>> it is time now to brew on this. the government was in a partial shut down as lawmakers work out the fiscal year budget. the state department was stocking up on booze spending 180,000 dollars on liquor for the embassy p on the final days of the fiscal year. >> total for the year the department spent 450,000 dollars, tax payer dollars or alcohol. where they trying to spend the money in the budget to prevent congressional cuts in the future? >> the state department, i had an opportunity to travel to many of them, there's a lot of entertaining that goes on a lot of ir responsibility. >> you are missing the point. the whole point is how can you ever cut spending if the entire ethic of government is to spend your allocation before the time runs out. >> is the government's booze

budget careless spending or the cost of doing business? send us a note on foxfriendsfirst@foxnews.com. >> be have hinterested to hear people have to say. it is 18 after the top of the hour. extreme measures after one of the worst's animal attacks in the state's history. >> they are putting up all of the beautiful christmas lights in one city. now local lawmakers are playing scrooge.

>> a florida woman recovering in it the hospital the morning after what is being called the most serious bear attack in the state's history. she was walking her dog at night when out of nowhere this bear knocks her on the ground. she then runs to a house. >> a woman has been attacked by a bear. >> are you with her right now? >> you said it was a bear for sure? >> she said it was a bear. >> how old is she? >> i can't tell. she is so bloody i can't tell. >> wildlife officials set three traps and filled them all with glazed doughnuts. so far no luck. they want to hank christmas lights they say the city is

being a grinch about it. george rickers has both sides of the battle. >> we have been doing this for 20er yaos putting lights on the street myself and a dozen business owners. >> business owners take it on themselves to spring christmas lights on 100 trees and plug most of them in the sockets of the streetlights. when he asked to repair some of the broken outlets he received this response five pages of rules and forms for street lighting stating that all decorations must be at least 14 and a half feet above the streets. most of the trees aren't even that tall. it goes on to say the businesses must provide a million dollar liability insurance policy and hold the city harmless and only a licensed insured electrician should be putting up the lights. >> if you want a licensed contractor to do this stuff get one you have a ton of them. >> the city isn't trying to get in the way but he wants it done

right adding most of the extension cords aren't even meant to be outdoors and could cause a surge in the light standards. oo will oo that's ridiculous also because each has a fuse on it and the fuse is a three amp rating. if i touch it with my fingers two wires together with my fingers will go out automatically. >> speaking of the holidays, the voice of angels, victoria secret models do more than strut their stuff to get ready for next week's big runway show. watch. ♪ >> they do more they toss their hair and lip sync. i am sure you don't care. they put their own spin on the taylor swift hit. i know you were troubled. you can see her performer song when the victoria secret fashion show airs tuesday night.

>> 25 minutes after the top of the hour. a restaurant is about to reopen its doors after a major make-over that has nothing to do with the food. look at that. customers you will be able to notice a difference. >> if you p didn't get enough sleep last night you are not alone. your career may be to blame. the jobs that lead to the most sleepless nights. >> ours maybe?

>> it is wednesday december 4th. the stunning new admission from the engineer of the train that derailed in new york. >> a heartless thief caught on camera. where this real life grinch is accused of stealing christmas from innocent children. first comes love then comes marriage. the web site skipping several steps. "fox & friends first" starts right now. rl

[musicorn ♪ >> still a little dark out there on the streets of new york. it is wednesday. few more days. we will get through. >> i am ainsley earhardt. >> i am heather childers. it is half past the top of the hour. we begin with a fox news alert. two skydivers are dead causing them to plummet to the ground. the two had their parachutes open when they collided causing their canopies to collapse. this happened at sky dive arizona. the company web site says that tsz the largest drop zone in the world for sky divers of all skill levels. a neighbor says it is a reminder of the danger. it is a sport that has its risks. there's going to be mistakes.

>> a third sky diver was hurt. >> he was falling asleep at the controls william rockefeller the engineer of the train that derailed said he caught himself nodding off but it was too late. the metro north train derailed in the bronx area of new york killing four people and injuring dozens of others. ntsb investigators would not say if he admitted to falling asleep at the controls. it is too early to tell if the crash was caused by human error or mechanical issues. the man accused at lax will be in court for the first time today. the alleged shooter 23-year-old paul siancia is not expected to enter a plea. he is charged with killing tsa officer gerardo hernandez and committing the act at an international airport.

the motive still unclear. >> the white house announced a new work around for the obamacare web site that let insurance companies estimate how much money they are owed since the payment plan is not working. this will as the president insists the obamacare web site is working and the law isn't going anywhere. doug luzader is live with the latest. >> this is the part of the web site they see but it is happening behind the scenes. insurance companies are getting nervous. surrounding himself by a carefully chosen group of people who benefited from obamacare. the president has an aggressive new stance on the law he championed. >> you have good ideas bring them to me. let's go. but we are not repealing it as long as i am president. i want everybody to know. >> while the observe care web site still has to tiurn some customers away to avoid crashing

more people are successfully admitting applications. insurance companies aren't always getting that information. since so many are going to rely on government subsidies they don't know the charge for next year. since the government can't figure out those numbers either they are going to have to write checks for the insurance company and hope the numbers work out in the end. it's the point in which you make the purchase. if you don't have the correct information or any information you don't have a purchase, you don't have enrollment, you don't have a plan, you don't have a catastrophe. >> the other has to do with risk pools if not enough people sign up for observe care and they need 7 million or so by march they could stand to lose a fortune. the obama administration is already laying the groundwork for a potential bailout. >> doug luzader live for us in

washington. >> the university of notre dame and fellowship of catholic university students protesting birth control mandates under observe care. they are challenging the constitutionality under the mandate. providing birth control inder insurance company goes against religious beliefs and they filed a lawsuit in may of 2012 but was rejected as premature because the mandate hadn't taken effect at that time. >> we are learning more about the terrorist attacks about the u.s. consulate in benghazi. for the first time congress is speaking with two cia contractors about the 2012 attack. they were on the kelly files last night. when the contractors arrived the attack was still going on. they knew the ambassador was missing. which raises the question why wasn't help sent? >> what if the attack would have

went on for another 24-hours? there is no accountability in the process that i have seen so far. no one knows what the president knew and when he knew it. >> he says the classified hearings are providing outstanding testimony to help congress in the investigation of the assault. >> two security guards at the houston texas stadium were excited when they got to see patriots quarterback tom brady up close. who wouldn't be. the two guards off duty at the time asked brady to take a picture with him. he was friendly he posed with the two men. a few hours later the two guys were out of their jobs. the employer says it is against their policy for employees to request photos or autographs against players. the woman who inspired the lead female road in the 80s classic top gun has a new high

ranking job. >> i was afraid that everyone in there would see right through me and i don't want any one to know that i have fallen for you. >> the character charlie was modelled after christine fox who is now the highest ranking woman at the pentagon. she has been appointed as acting defense secretary. fox will hold a position until a replacement is named. >> pope francis might be doing even more good under a secret disguise. it seems the pope is sneaking out at the vatican as a priest to hand out money. the rumor was started by an archbishop during a recent interview. sources of the vatican has concerned this news. they say it is true. frances served as the archbishop of buenos aires. he was known to help the homeless at night. you and your kids track santa using the another rnor ra site. you can use multiple devices to

track santa's whereabouts in 3-d with a clay nation view. santa will not be on the move until christmas eve. until then you can play games or watch movies on the site. >> an extreme weather alert hitting the middle of our country. while he was slammed with nearly 25 inches in some parts of the state raising the avalanche danger there. >> another foot of snow is possible today but freezing temperatures posing an even bigger risk. >> good morning. linking county in wyoming 30 inches of snow they are recording out there. incredible how much tmoisture te storm has produced across parts of the rockies and midwest. we are looking at accumulations already over 6 inches. like you mentioned the cold temperatures really a major concern. current windchill temperature in rapid city is 17 degrees below

zero. that's what it feels like when you head out the door. 7 below in missoula. as we are heading into today you are looking at places in the highs in the single digits. it will get even colder than that. by friday the cold air from canada is going to be moving southward. only 12 degrees only in the 30's. the middle mississippi valley and even up into the sections of the northeast. prepare yourself across parts of the plains it will get very cold. all of this cold air is across the rockies and mid west moving southward. they are across the rockies and midwest. and we will be talking about this tomorrow. icing a concern in the southern plains up into parts of ohio valley. over to you. >> thank you maria. be careful when you shop

on-line. why using a particular search site could cost you a lot more money. the top baby names of the year. here's a little more of a hint as we go to break. >> when someone walks out the door he will still stay. check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app.

:

>> the man at the controls admitting he caught himself nodding off. wnyw reporter robert moses has the latest. what is the ntsb saying about rockefeller's confession this morning? >> so far the ntsb is not saying anything about what he has said in the interviews that he has done. i want to show you the tracks in the affected area. trains are unaring again this morning through this area. meanwhile the investigation goes on. so far the national transportation safety board found nothing wrong with the signals or the brakes. the focus is on the train's

engineer rockefeller. he reported for duty sunday morning at 5:04 a.m. it was the second day of a five day workweeorkweek. he had worked a routine 9 hour shift. there's no reason to believe he was sleep deprived. but a union representative admits rockefeller dozed off in the seconds before the crash. >> it was a shock to him. he was stunned. realized it. he went to try to correct it as fast as he could. he was right on the curve. >> you just heard from the union representative because of the comments he has made to the media the ntsb has taken the rare step of pulling the union off of this investigation. >> that is the latest live from the bronx. >> looking for a bank robber dressed in pink. this woman wearing that pink coat that pink head wrap walked

into a capital one bank gave the teller a note demanding money. the teller handed her the money and ran away. she was carrying a cell phone. guess what color it was? it was pink. >> like the pink panther. a sign outside of abilene texas closed shop because he thought employees needed an attitude adjustment and more training. >> it was no secret as to what was happening. the poor service, weren't a lot of smiles. service was slow. -- wasn't what my customers deserved or expected. while the sign says they will be reopening today they have pushed back the date. little more attitude adjustment needed than the owner thought. >> if you feel like you are never getting enough sleep, i know ainsley and i don't feel that way ever. you are not alone. even the people consider the most well rested are only

getting 7 hours. >> only. >> a study ranked occupations based on whether workers were getting enough shut eye. home health aids lawyers and police have the least amount of rest. loggers and hairdressers catch the most z's. >> the enter net can make life more convenient but it can be costing you a lot of money and putting you at risk for dimst discrimination. we more on the story. >> so much for 7 hours of sleeping. >> only 7. >> i get four. >> there's a new study out that says if you use google shopping to search for products you could be getting ripped off. tests this month by consumer watchdog found 8 of 14 items were listed as more expensive than google shopping like next tag or shop zilla.

>> showed 49.95. elsewhere it was listed at 29.95. de walt electric drill or google 86.90. competitors had it at 59.98. a headset priced on google 59.99 compared to 50.95 by the same per chant on sites. google users paying up to 67 percent more. consumer watchdog says the problem unlike competitors they charge merchants for their listing which means not only are results influenced how much the merchants pay but they raise their prices to cover the added costs. certain companies are already admitted to showing different prices and deals based on a shopper's location. a study by princeton university each spot has it's age gender

location interest and even more. see if they discover any patterns of discrimination that parallel those attributes. the studies are in stages. we will keep an eye out for those results. >> diane macedo live for us. >> the time is about 10 minutes until the top of the hour. coming up where this real life grinch is accused of stealing christmas from innocent kids. >> first comes love then comes marriage then comes baby in a baby carriage. not any more. a new dating web site skipping several steps. let's check with brian to see what's coming up on his show. >> finally you give me my own show. >> coming up over the next three hours "fox & friends" looks at a erm toer nts agent speaking out on the fast and furious. smile you are on candid web cam. this guest youtube shows how it is easy to collect personal information on social media.

are you crazy or are you really nuts or flat out normal? keith ablow will describe it. craig morgan is here singing live. how me and joe got these incredible upper bodies. more than just shaving chest hair. now i have got to go. i am out of time. wow. [ under his breath ] that was horrible. pays you cash when you're sick or hurt? [ japanese accent ] aflac. love it. [ undehis breath ] hate it. helps you focus on getting back to normal? [ as a southern belle ] aflac. [ as a cowboy ] aflac. [ sassily ] aflac. uh huh. [ under his breath ] i am so fired. you're on in 5, ck. [ male announcer ] when you're sick or hurt, aflac pays you cash. find out more at aflac.com.

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three, two, one. spacex launches a commercial communications satellite from cape canaveral. two technical glitches marked two delays. it marks the entry into the commercial satellite market. take a look at these signs popping up all over

parts of washington state for the second year in a row. they say it's okay to say merry christmas with a bible verse underneath. >> it should be fine for you to say merry christmas. you don't need a sign to tell you to say merry christmas. >> it's kind of like everybody else is free to express their opinion. why can't christians? >> the mayor says he isn't going to take the signs down. so far no one has taken credit for them. a new trend. people skipping love and marriage and just getting matched up to coparent children. modern family is one of several new websites for you if you're looking to create and raise a child. so far more than 5,000 people signed up for this site. the website says they help people find coparents based on interests, common concerns and values. >> the list of the hottest baby names of 2013 is out and it looks like our friends at duck dynasty were a big influence. >> happy. happy, happy, happy.

>> happy. >> be happy. >> she is going to be happy, happy, happy. >> while they weren't in the top ten, the name corey climbed 89% in the past year, jumping 13,000 spots. family patriarch phil's name is up 62%. other popular names this year include miley, northwest and george. and the number one baby name is not aden. jackson took over the top spot. >> the time is six minutes till the top of the hour. coming up, the state department spends $2,000 on a booze binge just before the government shutdown. we have your reaction up next. >> what made kanye west throw a fit and storm off the stage after just three

songs? >> stay with us.or we'll tell you. me. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services. keeping up with these two is more than a full time job, and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today.

it's now three minutes till the top of the hour. before you leave the house here's what's happening today. 911 calls made from inside sandy hook elementary school the day of the mass shooting are set to be released today. the state prosecutor dropped his fight to withhold those calls. 26 people were killed in that shooting. traps filled with glazed doughnuts set up today in hopes of luring that bear in florida that attacked a woman. the woman was seriously injured but managed to run to a neighbor's house. a 76 foot christmas tree set to be lit at rockefeller center tonight at 8:00 p.m. >> time to look at the good, the bad, and the ugly. first the good. brian, texas, breaks a guiness world record for the largest ginger bread house ever built. it stands 20-feet tall. money for donations being

given to a local trauma center. >> cameras catching woman stealing toys at a restaurant meant for needy children. finally the ugly, kanye west in another temper tantrum. >> what happened with the lights? [inaudible] [bleep] >> he stormed off stage during the third song of a concert in florida. the singer graced fans with his presence once the technical difficulties were fixed. >> time for brew on these responses. the state department spent lots of dollars on liquor ndra says they areent governing under the influence. i say cut the booze out of the budget. >> another viewer says embassies should have liquor on site for valid

reasons. >> the home builder has left over funds they don't use to entertain themselves. why does the government get away with spending left over funds from the taxpayers? thanks to everyone who responded. "fox & friends" starts right now. bye. good morning. it is wednesday, december 4. i'm elisabeth hasselbeck. we begin with a fox news alert. today questions about the doomed commuter train speeding 82 miles per hour towards disaster. was the engineer asleep at the wheel? >> obama still not working but the -- obamacare still not working but the president is defiant. he really is. we'll have the sound bite later. but with millions losing their health care plans and others paying more than promised, is it just too little too late? we're going to discuss that with sound bite. >> i'm going